Friday, April 3, 2009

Gay Marriage Legal in 3 States, Again…

Update: Gay Marriage Now Legal in 8 States....:)The Iowa Supreme Court has ruled that their gay marriage banis unconstitutional. The judges rejected an appeal against a lowercourt's 2007 ruling that the ban violated the rights of gay men &women in the state. The case comes from a 2005 suit filed byLambda Legal on behalf of six gay & lesbian couples.Iowa becomes the third US state to allow gay marriages afterConnecticut & Massachusetts. Now there's only 47 more states togo….The big question is when will our LGBT community have equalfederal rights & protections for their families as heterosexualscouples have??? Get with the program America...:)Here in Massachusetts we've had over 5 years of marriage equality...Updates to come….Check OUT Clay Aiken & other celebs discuss this@ OUTTAKE VOICES™: Celebrities Speak OUT for Gay RightsView Our Short Trailer on Gay Marriage

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(Des Moines, April 3, 2009) — Today the Iowa Supreme Court upheld a 2007 district court ruling that said it was unconstitutional to bar same-sex couples from marrying. Iowa becomes the third state along with Massachusetts and Connecticut in offering marriage licenses to same-sex couples.

Writing for the unanimous court, Justice Cady said:

“We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective. The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”

“Today’s victory is a testament to the strength of love, hope and courage—our clients have shown an abundance of all three for many years and now at long last they will be able to marry,” said Camilla Taylor, Senior Staff Attorney at Lambda Legal and lead architect of the Varnum v. Brien lawsuit. “This will go down as another proud day in Iowa’s long history of protecting individual rights.”

“It’s a wonderful new day for fairness. The Court’s decision is thorough, well-reasoned and based on the Iowa Constitution,” said Dennis Johnson, formerly a partner at Dorsey and Whitney in Des Moines who argued the case on behalf of Lambda Legal’s clients before the Iowa Supreme Court in December 2008.

Iowa now joins Massachusetts and Connecticut in offering marriage licenses to same-sex couples after decisions by state high courts that similar marriage bans are unconstitutional. The California Supreme Court also ruled in 2008 that denying marriage licenses to same-sex couples violates that state’s constitution. In November 2008 California voters approved Proposition 8, a constitutional amendment which took away the fundamental right to marry only for same-sex couples in that state. Lambda Legal joined the ACLU and the National Center for Lesbian Rights in filing a case to challenge that change as invalid. The case argues that taking away a fundamental right from a targeted minority group changes the meaning of equal protection in the California Constitution and that doing so through a ballot measure like Prop 8 does not follow the rules prescribed by the California Constitution for such a significant revision. A decision is currently pending in that case.

“Today’s victory was made possible through the support of the LGBT community and our allies who have worked tirelessly for equality over the years,” commented Brad Clark, One Iowa Campaign Director. “This ruling is a huge

step forward and a cause for celebration, but recent history demonstrates the need for continued engagement if we are to achieve lasting equality.”

The Gay & Lesbian Alliance Against Defamation (GLAAD) today applauded the Iowa Supreme Court's decision in that state's landmark marriage case. The court's ruling in Varnum v. Brien affirmed a District Court's ruling that the state's ban on marriage for gay and lesbian couples is unconstitutional and instructs county recorders to start issuing marriage licenses to gay and lesbian couples in twenty-one days.Â

"Today's ruling affirms that loving, committed gay and lesbian couples should no longer be excluded from marriage," said GLAAD President Neil G. Giuliano. "GLAAD congratulates and expresses our deepest appreciation to One Iowa, Lambda Legal, the Interfaith Alliance of Iowa, and the other organizations, leaders and courageous couples whose work and perseverance culminated in today's ruling."

"GLAAD urges local and national media reporting on this historic story to ground their coverage in the stories of the Iowa couples whose enduring commitment is at the heart of today's decision," Giuliano concluded.

GLAAD Media Field Strategist Sarah Kennedy is currently in Iowa supporting state LGBT leaders One Iowa and the Interfaith Alliance of Iowa, as well as Lambda Legal, in their media outreach and education efforts.

Varnum v. Brien was filed by Lambda Legal in December 2005. On August 30, 2007, an Iowa District Court judge ruled that denying marriage to gay couples was unconstitutional. Twenty-four hours later, the judge issued a stay on his order; but in that time, 19 same-sex couples applied for marriage licenses and one couple legally married.

Rallies organized by One Iowa will be held today throughout the state.Â Go to One Iowa's website for details on rally times and locations.The Pulse of Equality survey, conducted by Harris Interactive and commissioned by GLAAD, shows that majorities of Americans favor either marriage or civil unions/domestic partnerships for gay and lesbian couples. Three-quarters of U.S. adults (75%) favor either marriage or domestic partnerships/civil unions for gay and lesbian couples. Only about two in 10 (22%) say gay and lesbian couples should have no legal recognition. For more on The Pulse of Equality Survey, download the results.